The High Court corrected a clerical error in a prior matrimonial order concerning the payment of permanent alimony, directing the respondent to pay the full sum within four weeks instead of split payments over eight weeks.
The respondent directed to pay Rs. 3,00,000 as permanent alimony within four weeks via Demand Draft.
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IN THE HIGH COURT OF ORISSA AT CUTTACK MATA No.15 of 2021
Babita Patra @ Babi
… Appellant
Mr. S.K. Rout, Advocate
-Versus-
Manoranjan Nayak @ Pintu ... Respondent
Mr. Braja Kishore Panda, Advocate
CORAM:
JUSTICE S. TALAPATRA JUSTICE SAVITRI RATHO
ORDER
21.06.2023
Order No. I.A. No.182 of 2023
19.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. Heard Mr. S.K. Rout, learned counsel appearing for the applicant.
3. By means of this application, the appellant of MATA No.15 of 2021 has pointed out a typographical error that entered in para-9 of the order dated 10.05.2023, by which the said appeal was finally disposed of. In para-9, it has been observed that the respondentManoranjan Nayak @ Pintu shall pay a sum of Rs.1,00,000/-, out of the permanent alimony, within a period of four weeks from the date of the order and the rest of the amount, i.e., Rs.1,00,000/- shall be paid within a period of eight weeks from the date of the order. All payments shall be made by Demand Draft, drawn in the name of the appellant. Observation made in Para-6 is pertinent to understand the mistake. For that reason, we reproduce the Para-6:
“ It has also been agreed that the respondent namely Manoranjan Nayak shall pay a sum of Rs.3,00,000/-
2
(Rupees three lakhs) as the permanent alimony to the appellant, Smt. Babita Patra @ Babi within the time frame as would be decided by this Court.”
4. So, it is apparent that the second direction for payment of the rest of the amount has been wrongly typed. It should have been typed as, that the rest of the amount, i.e., Rs.2,00,000/- shall be paid within a period of eight weeks from today. We correct the said mistake. Now Para-9 reads as follows:
We direct the respondent, Manoranjan Nayak @ Pintu, to pay a sum of Rs.1,00,000/- (Rupees one lakh), out of the permanent alimony, within a period of four weeks from today and the rest of the amount i.e. Rs.2,00,000/- (Rupees two lakhs) shall be paid within a period of eight weeks from today. All payments shall be made by Demand Draft, drawn in the name of the appellant.
5. Since the time, as granted by us, has expired and the correction has been made today, the respondent is directed to pay the permanent alimony to the extent of Rs.3,00,000/- (Rupees three lakhs) within a period of four weeks from today. We direct the applicant (the appellant of MATA No.15 of 2021) to send the copy of this order to the respondent by Registered Post with A.D.
6. In terms of the above, this Interlocutory Application stands allowed and disposed of.
7. Necessary correction be made in terms of the above.
Signature Not Verified
Digitally Signed Signed by: ASISH KUMAR KAR Reason: Authentication Location: High Court of Orissa, C utta ck Date: 21-Jun-2023 19:13:36
1 issue framed by the court
Whether to correct a typographical error in a previous order regarding the payment schedule of permanent alimony.
Babita Patra @ Babi
Manoranjan Nayak @ Pintu
S. Talapatra
Savitri RATH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
